Free Answering Brief in Opposition - District Court of Delaware - Delaware

Case 1:04-cv—OO163-G|\/IS Document 276-2 Filed 10/O3/2006 Page 1 of 2
DONALD M. DURKIN
‘ Page ie? §
1 A. No.
2 Q. No personal guarantees from anyone?
3 A. No.
Q Q. So now in order to secure bonding you §
5 would have to give personal guarantees? g
6 A. Yes. §
7 Q. So you could get bonding capacity if you
8 were willing to give personal guarantees, §
9 correct? g
W A. I don’t think so. g
H Q. Have you attempted to secure bonding in ;
M the past offering personal guarantees? g
U A. It wouldn't make any difference. g
M Q. Well, whether it makes any difference or é
B not, have you attempted to secure bonding E
w capacity by offering personal guarantees? E
Q A. We've asked for bonds. §
M Q. Offering personal guarantees? g
N A. Yes. Q
N Q. Is there documentation?
H A. No. You mean like a written request, no. §
W Q. Okay. Where did you attempt this, i
R through what carrier? g
M A. Through our bonding agent. i
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES

Case1:04-cv-00163-GIVIS Document 276-2 Fi|ed10/O3/2006 Page20f2
DONALD M. DURKIN
‘ Rage 205
I ar Ma. GREEN:
2 Q. Is your company currently doing any g
3 construction work? _ i
4 A. We don’t have an active project. g
5 Q. In 2004 and 2003 did you have an active §
6 project? ‘ §
* A. No. g
8 Q. Have you bid private projects in those g
9 years? l g
W A. Yes. §
U Q. Are those jobs that did not require a §_
M bond?
B A. Some did, some didn‘t. g g
M Q. If they did require a bond did yon bid §
B them? g
M A. When you hid a private job you very §
U rarely depend on what exactly an owner is going g
N to require to review if he liked your price so g
w you generally bid on a private job and then you g
m get around to that point and the man might say, g
m· well, I want a bond or, you know... i
N Q. Have you gotten to the point where a g
M private owner has said we want to use you, why g
M don't you get a bond? g
ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES
1a96f218-939S··4247—Bcda—59fada311'Zae

Case 1:04-cv-00163-GMS

Document 276-2

Filed 10/03/2006

Page 1 of 2

Case 1:04-cv-00163-GMS

Document 276-2

Filed 10/03/2006

Page 2 of 2